3PB

Intellectual Property; Commercial

Mark Wilden is a commercial barrister specialising in intellectual property and media and entertainment.

Mark came to 3PB in 2022 after training at 8 New Square, and has developed a practice focusing on copyright, trade marks, contractual issues, confidential information, defamation, economic torts and related issues.  He acts in the High Court (Chancery and Kings Bench Divisions), IPEC, the UK Intellectual Property Office, the County Court, the Court of Appeal (Civil Division) and the Competition Appeal Tribunal.  He gives regular talks for the Chartered Institute of Trade Mark Attorneys and writes on intellectual property issues.  He also offers monthly pro bono advice clinics for BIPC Bristol and has spoken about musicians’ rights issues, including for BBC radio.

Before coming to the bar Mark was a project manager and registered PRINCE2 practitioner and a trained audio recording engineer and producer.  He performed and recorded extensively with live bands between 2002 and 2016, worked in house at Oxford University Press between 2008 and 2014, and is a composer / performing member of PRS For Music and PPL respectively.  These experiences of the workings of the creative industries inform Mark’s approach to case strategy, including in cases involving large media organisations, litigants in person and organisations in between.

Mark is an authoritative and persuasive advocate with a practical approach to advice, pleading and litigation strategy.

Intellectual property

Mark Wilden accepts instructions in all areas of Intellectual Property.

Examples of recent work include:

JJH Enterprises Limited (trading as ValueLicensing) v Microsoft Corporation and others (CAT / EWCA): For claimant in trial of preliminary issues on exhaustion of copyright in second-hand software licences (led by Matthew Lavy KC, with Henry Edwards): [2025] CAT 75; [2025] WLR(D) 582; [2026] Bus. L.R. 161.  For respondent in subsequent appeal on both the substantive issues and on the jurisdiction of the CAT to hear copyright causes of action (led by Matthew Lavy KC on jurisdiction and Michael Hicks on copyright), heard by the Court of Appeal in April 2026.

Makeality v City Doggo (IPEC / EWCA): For defendant in TM infringement / passing off claim over the name ‘Piddle Patch’ for dog toilets. Successfully applied to re-allocate the claim to IPEC small claims track, upheld on appeal (sole counsel at first instance; led by Nicholas Saunders KC for appeal): [2025] EWCA Civ 400; [2025] Costs LR 543; [2026] F.S.R. 2.

Phoenix Music International v Cadiz Music and Digital (ChD): For claimant in claim for infringement of copyright in compilation CDs, including by copying of track lists, artwork and remastered audio recordings.

Husk Design and others v Cross Keys Homes and others (ChD): For fourth defendant in claim for infringement of copyright in architectural drawings.

Reed v Clapperboard Studios and Saffron Cherry Productions (IPEC): For defendants in successful strike-out of copyright infringement claim concerning location scouting materials for television drama series, in which the claim was certified as totally without merit.

Brice v Universal Music Publishing Limited (IPEC): For claimant in claim for a declaration of ownership of copyright in a commercially successful musical work.

Basilotta v Jack Hill Culture Company (IPEC): For defendant in successful strike-out of copyright infringement claim concerning clothing designs.

Zone 8 Media v Rodriguez (IPEC): For defendant in copyright claim for alleged piracy of internet pornography.

Re. ORIGIN FROM PASTURE TO PLATE NOSE TO TAIL (IPO): For successful respondent in appeal to the Appointed Person concerning late-filed defence: decision O-0312-26

Re. MONSTER (IPO): For Ducati Motor Holding, opposing a trade mark application for the word ‘MONSTER’ for virtual goods: decision O-0329-25.

Re. CARCHAMBER (IPO): For Cheyne Motors in successful opposition to application for the word ‘CARCHAMBER: decision O-0002-25 

Re. WINDRUSH (IPO): For the Department of Levelling Up, Housing and Communities opposing five trade mark registrations for ‘WINDRUSH’ and related terms: decision O-0051-24.

Re. EONX (IPO): For trade mark applicant in opposition by E.ON based on three prior marks: decision O-1155-23.

Advisory work including:

• Threats of infringement proceedings by use of Amazon IPR take-down procedures.

• Performers’ rights of choristers in church services broadcast online.

• Alleged infringement of IP rights by sale of signed books with purportedly faked signatures.

• Design right infringement by copying of fashion designs.

• Copyright infringement issues including unlicensed use of photographs and music online.

• Trade mark infringement by unlicensed resale of own-brand products.

• Commercial

• Mark Wilden accepts instructions on commercial disputes, especially in cases involving the entertainment industries, intellectual property rights and technology-related issues.

  Examples of recent work include:

  Titan Wealth Services Ltd and others v Tavistock Investment Plc and others (KBD / EWCA): For defendant / counterclaimant in counterclaim for breach of confidence and copyright infringement in financial services (led by Anneliese Day KC, with Philip Ahlquist and Wee-An Tan): [2025] EWHC 3381 (Comm), [2026] EWCA Civ 500.

  Future Sound Asia v The 1975 (ChD): For defendant rock band in £2M claim for negligence and procuring breach of contract in music festival performance. Successfully applied to strike out the claim against the individual band members (led by Edmund Cullen KC): [2025] EWHC 384 (Ch)

  Bryan v Pressplay Media and Entertainment Ltd (ChD): For claimant media producer in claim for non-payment of royalties for exploitation of videos with 475M+ views.

  Aslanyan v FremantleMedia (KBD): For defendant TV producer in successful strike-out of £43M claim brought by unsuccesful contestant of the show Britain’s Got Talent.

  Ammo International Productions v CBB Entertainment (County Court): For defendant concert promoter in contractual claim over non-payment for professional services.

  SS1 Productions v Star Concerts (County Court): For defendant concert promoter in successful summary judgment and strike-out application regarding alleged breach of joint venture agreement.

  Discovery Park Management v MRI Software EMEA (County Court): For claimant in contractual claim over non-delivery of software services.

  Crayon v Total Group International (County Court): For claimant in successful trial regarding cloud computing services.

  Advisory work including:

  • Termination of long-standing arrangement for publication of political cartoons by broadsheet newspaper.

  • Unauthorised marketing use of photographs of social media creator by make-up brand.

  • Renegotiation of contractual relationship for production of reality television show on major online platforms.

  • Liability for interception of data by ‘data sniffing’.

  • Domain name disputes and use of the Nominet Domain Dispute Resolution Service.

  • Music-related issues including licensing, sampling, royalties and the nature and scope of related rights

  • Defamation claims, considering defences including truth, honest opinion and lack of serious harm.

Year of Call: 2018

Chancery Bar Association

IP Bar Association

Commercial Bar Association

British Literary & Artistic Copyright Association

Next Generation Media Lawyers

Advocate

PRS For Music: writer member

PPL: performer and recording rights holder member

LLB (Hons) (1st class), Open University with University of Law

BPTC LLM (Distinction), University of Law

Postgraduate Diploma in Intellectual Property Law and Practice residential school, University of Oxford